PHE v. Does 1-122, Case No. 13-786 (N.D. Ill. May 7, 2014)(Darrah)
Despite asking for $7500 per Doe, PHE was merely awarded damages of $1500 per Doe for a total of $6000. In addition, PHE was awarded $2573.22 in costs and attorneys fees (total), as well as a permanent injunction against the defaulted defendants. Interestingly, Judge Darrah did not find the defendants infringement to be willful, despite the default.
[S]ome commentators have urged courts to not find defendant’s infringing conduct to be “willful” and eligible for enhanced statutory damages solely based on a default judgment, without additional, independent evidence of egregious conduct.
While the affected Does will obviously have to pay something to PHE (for copying the movie “Buffy the Vampire Slayer XXX”), it could have gone a lot worse!